Ashim Kumar Roy, J. - (1.) On August 17, 2011 the opposite party No. 2 made a complaint in writing to the learned Chief Judicial Magistrate, Alipore against the 5 petitioners herein and against one Dr. Debasish Chatterjee alleging commission of offences punishable under Sections 304A/406/420 IPC. In the said complaint allegations made against the accused persons in substance are as follows,
(2.) In the later part of February, 2009 the wife of the petitioner started suffering from muscular pain and developed skin leisons in nailbed, fingers and swollen face (Oedma) and on and from February 28, 2009 she was treated by Dr. Sarbani (Ghosh) Zoha, petitioner No. 2 and subsequently, for a brief period by Dr. Sukumar Mukherjee (not an accused) and then by Dr. Samar Ranjan Pal, petitioner No. 3 herein and Dr. D. Chatterjee and finally on June 15, 2009 she breathed her last at Sri Aurobinda Seva Kendra. According to the said complainant his wife was negligently treated by the Doctors Dr. Sarbani (Ghosh) Zoha, Dr. D. Chatterjee and Dr. S.R. Pal, who did not follow the medical protocol and treated the patient quite negligently and prescribed wrong medicines and that caused her death. It was also alleged the Nursing Home Authority Sri Aurobinda Seva Kendra, the petitioner No. 1 and two others namely Dr. S.K. Maulik, Medical Director and Tirthanath Sanyal, Chief Executive Officer of that Nursing Home not only responsible for deficiency in service but in collusion with her attending doctors has raised inflated bills for medicines and realised the payment against such bills without actually administering such medicines to the patient and no unused medicines were returned to the complainant.
(3.) Following the receipt of the aforesaid complaint, the Court took cognizance and transferred the case to the Court of the learned Additional Chief Judicial Magistrate, Alipore.;